(a) The Insurance Commissioner, private carriers, and self-insured employers may determine all questions within their jurisdiction. In matters arising under 23-2C-8(c) of this code, and under 23-3-1 et seq. and 23-4-1 et seq. of this code, the Insurance Commissioner, private carriers, and self-insured employers shall promptly review and investigate all claims. The parties to a […]
(a) The employer, claimant, Workers Compensation Commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, may appeal to the appeal board created in 23-11-1 et seq. of this code for a review of a decision by an administrative law judge. No appeal or review shall lie unless application […]
(a) The employer, claimant, Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable, may appeal to the West Virginia Intermediate Court of Appeals, created by 51-11-1 et seq. of this code, for a review of a decision by the Workers Compensation Board of Review. No appeal or review shall lie unless application […]
(a) On January 31, 2004, the Workers Compensation Appeal Board heretofore established in this section is hereby abolished. (b) There is created the “Workers Compensation Board of Review”, which may also be referred to as “the Board of Review” or “the board”. Effective February 1, 2004, the Board of Review shall exercise exclusive jurisdiction over […]
(a) The “Workers Compensation Board of Review”, which may also be referred to as “the Board of Review” or “the board” is hereby continued and granted exclusive jurisdiction over all objections to decisions of the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, including any and all matters pending before the Office of […]
(a) Any employer, employee, claimant, or dependent who shall feel aggrieved at any final action of the administrative law judge taken after a hearing held in accordance with the provisions of 23-5-9 of this code shall have the right to appeal to the board created in 23-11-1 of this code for a review of such […]
(a) Any employer, employee, claimant, or dependent who shall feel aggrieved by a decision of the Workers Compensation Board of Review shall have the right to appeal to the West Virginia Intermediate Court of Appeals, created by 51-11-1 et seq. of this code, for a review of such action. The Insurance Commissioner, other private insurance […]
(a) It is the policy of this chapter that the rights of claimants for workers compensation be determined as speedily and expeditiously as possible to the end that those incapacitated by injuries and the dependents of deceased workers may receive benefits as quickly as possible in view of the severe economic hardships which immediately befall […]
(a) It is the policy of this chapter that the rights of claimants for workers compensation be determined as speedily and expeditiously as possible to the end that those incapacitated by injuries and the dependents of deceased workers may receive benefits as quickly as possible in view of the severe economic hardships which immediately befall […]
In any appeal wherein a board member is a party, or is interested in the results thereof otherwise than as a general subscriber to the compensation fund, or he or she is connected with a contributor therein, or is a beneficiary therein, or is connected with a beneficiary therein, he or she shall be disqualified […]
(a) As provided in 23-5-8b of this code, the provisions of this section do not apply to any decision issued by the Workers Compensation Board of Review after June 30, 2022. (b) Review of any final decision of the board, including any order of remand, may be prosecuted by either party or by the Insurance […]
(a) An attorneys fee in excess of 20 percent of any award granted may not be charged or received by an attorney for a claimant or dependent. In no case may the fee received by the attorney of the claimant or dependent be in excess of 20 percent of the benefits to be paid during […]
(a) An attorneys fee in excess of 20 percent of any award granted may not be charged or received by an attorney for a claimant or dependent. In no case may the fee received by the attorney of the claimant or dependent be in excess of 20 percent of the benefits, to be paid during […]
(a) The Insurance Commissioner, private carriers, and self-insured employers may determine all questions within their jurisdiction. In matters arising under 23-2C-8(c), and under 23-3-1 et seq. and 23-4-1 et seq. of this code, the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, shall promptly review and investigate all claims. The parties to a […]
In any case where an injured employee makes application in writing for a further adjustment of his or her claim under the provisions of section sixteen, article four of this chapter and the application discloses cause for a further adjustment, the commission shall, after due notice to the employer, make the modifications, or changes with […]
(a) If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under 23-2-1 et seq. of this code fails to disclose a progression or aggravation in the claimants condition, or some other fact or facts which were not previously considered in its former findings and […]
(a) If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under 23-5-2a of this code fails to disclose a progression or aggravation in the claimants condition, or some other fact or facts which were not previously considered in its former findings, and which would […]
In any case in which an employer makes application in writing for a modification of any award previously made to an employee of the employer, the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall make a decision upon the application. If the application discloses cause for […]
(a) If in any case it appears to the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, that the application filed pursuant to 23-4-1 et seq. of this code fails to disclose some fact or facts which were not previously considered by the commission in its former […]
(a) If in any case it appears to the Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable, that the application filed pursuant to 23-5-4 of this code fails to disclose some fact or facts which were not previously considered in former findings, and which would entitle the employer to any modification […]
